Right to Privacy

Concept of Privacy

Privacy means “No unwarranted public interference”

Privacy simply means to be free and alone without

unnecessary public interference

Personal Information is a form of personal property to an

Individual

An Individual has a right to not share his personal

information
International Concept of Privacy
 Article 12 of UDHR – There should not be arbitrary
interference anyone’s privacy, family, home, or
correspondence nor there should be any attack upon
the reputation and honour of any individual

 Article 17 of ICCPR – There should be no arbitrary

interference anybody’s privacy, family, or home.

 Article 8 of European Convention on Human Rights –

Every individual has a right to respect for his private &
family life.
 SC of India on Right to Privacy
M.P. Sharma VS Satish Chandra, Delhi Magistrate, Delhi

 The case was related search and seizures of documents

of some Dalmia group companies.
 The DM issued warrants and searches were carried out
at 34 places belonging to the group.
 In writ petition before the SC, the aggrieved parties
claimed that it violated their Fundamental Rights under
Article 19(1)(f) & 20(3).
 No Right to Privacy was violated as per the SC
judgement.
 SC of India on Right to Privacy
Kharak Singh VS State of Uttar Pradesh

 Petitioner Kharak Singh was charged in the case of

Dacoity, but due to lack of evidences against him was
released.
 UP Police opened a history sheet against him and
brought him under surveillances
 The petitioner claimed that his Fundamental Rights
under Article 19(1)(d) & 21 were violated.
 No Right to Privacy was violated as per the SC
judgement.
 SC of India on Right to Privacy
Justice K.S. Puttaswamy VS Union of India

 The Constitutional validity of the Aadhar System was

challenged before the Supreme Court.
 The SC for the first time recognised the Right to Privacy
which is implicit in the Constitution under Article 21.
 The Court held that Right to Privacy is an integral part of
Right to Life & Personal Liberty as guaranteed under
Article 21 of Constitution.
 No Right to Privacy was violated as per the SC
judgement.
 The earlier SC judgments were overruled.
Limitations of Right to Privacy

The Right to Privacy flows from Article 21 of the Indian

Constitution, but is subject to certain limitations –

 National security Interest

 Public Interest

 Scientific Historic Research

 Criminal Offences, etc.